Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1382 O.G. 61, on September 11, 2012.
For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) or the International Preliminary Examining Authority (IPEA)
for an international application filed with the United States Receiving
Office or the International Bureau (IB) as Receiving Office where at least
one of the applicants is either a national or resident of the United States
of America. However, the use of the EPO is restricted. The EPO will not act
as an ISA for applications with one or more claims directed to a business
method. For the definition of what the EPO considers to be precluded
subject matter in the field of business methods, see PCT Applicants's
Guide, Annexes D(EP), E(EP) and the Official Notices (PCT Gazette) dated
May 6, 2010, page 94
(http://www.wipo.int/pct/en/official_notices/index.html). The EPO will act
as an IPEA only if it also acted as the ISA.
The search fee of the European Patent Office was decreased, effective
January 1, 2013, and was announced in the Official Gazette at 1385 O.G. 176,
on December 25, 2012.
Korean Intellectual Property Office as Searching and Examining Authority
The Korean Intellectual Property Office may act as the ISA or the IPEA for
an international application filed with the United States Receiving Office
or the International Bureau (IB) as Receiving Office where at least one of
the applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1302 O.G.
1261 on January 17, 2006.
The search fee of the Korean Intellectual Property Office was increased,
effective January 1, 2013, and was announced in the Official Gazette at
1385 O.G. 176, on December 25, 2012.
Australian Patent Office as Searching and Examining Authority
The Australian Patent Office (IP Australia) may act as the ISA or the
IPEA for an international application filed with the United States
Receiving Office or the International Bureau (IB) as Receiving Office where
at least one of the applicants is either a national or resident of the
United States of America. The announcement appears in the Offical Gazette
at 1337 O.G. 265, on December 23, 2008. However, the use of IP Australia is
restricted. IP Australia will not act as an ISA for applications with one
or more claims directed to the fields of business methods or mechanical
engineering or analogous fields of technology as defined by specified areas
of the International Patent Classification System, as indicated in the
Official Gazette at 1337 O.G. 261 on December 23, 2008, in Annex A to the
agreement between the USPTO and IP Australia. IP Australia will act as an
IPEA only if it also acted as the ISA.
The search fee of IP Australia was increased, effective January 1, 2013,
and was announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
The Federal Service on Intellectual Property, Patents & Trademarks of
Russia as Searching and Examining Authority

August 27, 2013

US PATENT AND TRADEMARK OFFICE

1393 OG 168

The Federal Service on Intellectual Property, Patents & Trademarks of
Russia (Rospatent) may act as the ISA or the IPEA for an international
application filed with the United States Receiving Office or the
International Bureau (IB) as Receiving Office where at least one of the
applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1378 O.G. 162,
on May 8, 2012.
The search fee of Rospatent was increased, effective January 1, 2013,
and was announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
Fees
The transmittal fee for the USPTO was changed to include a basic portion
and a non-electronic filing fee portion, effective November 15, 2011, and
was announced in the Federal Register on November 15, 2011. Search fees for
the USPTO were changed, effective January 12, 2009, and were announced in
the Federal Register on November 12, 2008. The fee for filing a request for
the restoration of the right of priority was established, effective
November 9, 2007, and was announced in the Federal Register on September
10, 2007.
International filing fees were increased, effective January 1, 2013,
and were announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
The schedule of PCT fees (in U.S. dollars), as of January 1, 2013, is
as follows:
International Application (PCT Chapter I) fees:
Transmittal fee
Basic Portion $240.00
Non-electronic filing fee portion for international
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system (other than a
small entity) $400.00
Non-electronic filing fee portion for international
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system (small entity) $200.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $2,080.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $2,080.00
European Patent Office as ISA $2,419.00
Korean Intellectual Property Office as ISA $1,167.00
IP Australia as ISA $2,282.00
Federal Service on Intellectual Property, Patents &
Trademarks of Russia (Rospatent) as ISA $217.00
International fees
International filing fee $1,419.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY zip file $1,312.00
International filing fee-filed
electronically with PCT EASY zip files $1,206.00
Supplemental fee for each page over 30 $16.00

August 27, 2013

US PATENT AND TRADEMARK OFFICE

1393 OG 169

Restoration of Priority
Filing a request for the restoration of the
right of priority under § 1.452 $1,410.00
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $213.00
Handling fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee_reduction.pdf $21.30
Preliminary examination fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $600.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional preliminary examination fee,
per additional invention
(payable only upon invitation) $600.00
U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
Web site (www.uspto.gov).
December 13, 2012 ANDREW H. HIRSHFELD
Deputy Commissioner for
Patent Examination Policy
United States Patent and Trademark Office

Patent Cooperation Treaty Update
The International Bureau of the World Intellectual Property Organization
has informed the United States Patent and Trademark Office that a decreased
dollar amount has been established for the search fee required by the
Australian Patent Office with effect from September 1, 2013. The dollar
amount of the search fee required by the Australian Patent Office when
acting as an International Searching Authority will be $2,084 beginning
September 1, 2013.

Notice of Maintenance Fees Payable
Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.
Attention is drawn to the patents that were issued on August 17, 2010
for which maintenance fees due at 3 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 7,774,858 through 7,779,482
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on August 15, 2006
for which maintenance fees due at 7 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 7,089,596 through 7,093,300
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on August 13, 2002
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,430,744 through 6,434,748
Reissue Patents based on the above identified patents.
No maintenance fees are required for design or plant patents.
Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.
Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".
Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".
Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.
The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set forth
in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain
the current maintenance fee amounts, please call the USPTO Contact Center
at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO
Internet web site. At the top of the USPTO homepage at www.uspto.gov, click
on the "Site Index" link and then scroll down and click on the "Fees,
USPTO" link to find the current USPTO fee schedule.

Service by Publication
A notice of opposition to the registration of the mark in the
application identified below having been filed, and the notice of such
proceeding sent to applicant at the last known address having been returned
by the Postal Service as undeliverable, notice is hereby given that unless
the applicant listed herein, its assigns or legal representatives, shall
enter an appearance within thirty days of this publication, the opposition
will proceed as in the case of default.
Hot Shot Beverage Company, Boca Raton, FL, Application Serial No. 85424271
for the mark "GET SKINNY", Opposition No. 91209215.
LALITA GREER
Paralegal Specialist
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Sunberry Frozen Yogurt Company, LLC, Tallahassee, FL, Registration No.
3579425 for the mark "SUNBERRY FROZEN YOGURT COMPANY", Cancellation No.
92057114.
LALITA GREER
Paralegal Specialist
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
AM Mogul, Inc. and Michael Audo Dogonyaro, Fontana, CA, Registration No.
3884762 for the mark "MOGUL COLLECTION", Cancellation No. 92057346.
AMY MATELSKI
Paralegal Specialist
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last

August 27, 2013

US PATENT AND TRADEMARK OFFICE

1393 OG 210

known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Destinations Realty and Relocation Services Inc., Boynton Beach, FL,
Registration No. 3193017 for the mark "CASSA", Cancellation No. 92057355.
MONIQUE TYSON
Paralegal Specialist
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks

37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the legal representative of one of the joint inventors. The
petition has been granted. A notice has been sent to the last known
address of the non-signing legal representative. The legal representative
whose signature is missing (Mineko Asano) may join in the application by
promptly filing an appropriate oath or declaration complying with 37 CFR
1.63. The international application number is PCT/JP2009/058923 and was
filed on May 13, 2009 in the name of Hidemi Ichinose et al for the
invention entitled "Rustproof Cover for Automobile Disk Brake". The
national stage application number is 12/993,748 and has a date of July 11,
2011 under 35 U.S.C. 371(c)(1), (c)(2), and (c)(4).
37 CFR 1.47 Notice of Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. The petition has been granted. A notice has been
sent to the last known address of the non-signing inventor. The inventor
whose signature is missing (Nicholas Richard COATES) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/GB2010/001977
and was filed 25 October 2010 in the name of Nicholas Richard COATES for
the invention entitled A HEAT ENGINE. The national stage number is
13/505,394 and has a 35 U.S.C. 371(c) date of 06 June 2013.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (CHENG-HAO KO) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/CN2010/071873
and was filed on 19 April 2010 in the name of CHENG-HAO KO for the
invention entitled MINIATURE SPECTROMETER WITH STRAY LIGHT FILTERING
STRUCTURE. The national stage application number is 13/642,222 and has a
35 U.S.C. 371 date of 19 October 2012.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (James David WOODFORD) may join in
the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/CA2010/000879 was filed on 14 June 2010 in the names Klaus Werner
POSSELT and James David WOODFORD for the invention entitled DOUBLE DIE
PELLET MACHINE. The national stage application number is 13/704,422 and has
a 35 U.S.C. 371 date of 28 July 2013.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors. The petition has been
granted. A notice has been sent to the last known address of the
non-signing inventor, Murray Skelton. The inventor whose signature is
missing may join in the application by promptly filing an appropriate oath
or declaration complying with 37 CFR 1.63. The international application
number is PCT/GB2011/000720 and was filed on 12 May 2011 in the names of
James Macrae and Murray Skelton for the invention Aircraft Interface. The
national stage application is assigned number 13/697,845 and has a 35
U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 30 January 2013.

Status of Public Records Division
The Public Records Division (PRD) processes and fills orders for both
certified and uncertified copies of Patent and Trademark Office documents
and records assignments and other documents related to title. This is an
update of actual processing times for orders filled during the month of
July 2013:
DOCUMENT SERVICES Goal Actual Processing
Time
Certified Documents
Patent Applications-As-Filed 7 days 6 days
Patent Related File Wrappers 25 days 16 days
Patent Copies 10 days 6 days
Patent Assignments 10 days 10 days
Trademark Applications-As-Filed 7 days 6 days
Trademark Related File Wrappers 25 days 17 days
Trademark Assignments 10 days 10 days
Trademark Registrations, Expedited 5 days 3 days
Trademark Registrations, Regular 14 days 11 days
Uncertified Documents
Patent Copies 5 days 1 day
Plant Patents 5 days 6 days
Patent Assignments 10 days 1 day
Patent Related File Wrappers 25 days 5 days
Trademark Copies 5 days 1 day
Trademark Assignments 10 days 1 day
Trademark Related File Wrappers 25 days 6 days
Customers should use the above actual processing time for each product as a
guide as to when they can expect their orders to be completed. In cases
where an urgent deadline is approaching, contact Patent and Trademark Copy
Fulfillment Branch at (571) 272-3150 or 1 (800) 972-6382 for assistance
with a particular order.
Customers are encouraged to place orders through the Internet at
http://ebiz1.uspto.gov/oems25p
Orders may also be faxed to the Patent and Trademark Copy Fulfillment
Branch at (571) 273-3250. Information on the status of pending orders may
be obtained by calling (571) 272-3150 or 1 (800) 972-6382 (outside the
Washington, DC Metro area), or via E-mail to dsd@uspto.gov.
ASSIGNMENT SERVICES Goal Actual Processing
Time
Submission Method
Internet (EFS, ePAS or eTAS) 2 days 1 day
Fax 10 days 2 days
Paper 14 days 2 days
The Assignment Services Branch is currently mailing recordation notices for
paper documents received in the Public Records Division on July 29, 2013.
Customers should use the above actual processing times as a guide as to
when they can expect their assignment submissions to be processed. For
fastest service customers are encouraged to file assignments via the
Internet.
Assignment submissions may be made via the Internet at
http://epas.uspto.gov/ for patent assignments and http://etas.uspto.gov for
trademark assignments. Patent assignment submissions may also be made by
selecting the "Electronic Filing (EFS)" option at http://www.uspto.gov/ebc.
Assignment submissions may also be faxed to the Assignment Services Branch
at (571) 273-0140. Trademark assignment recordations may be reviewed online
at http://assignments.uspto.gov/assignments. Information on the status of
pending assignment recordations may be obtained by calling (571) 272-3350
or 1 (800) 972-6382 (outside the Washington, DC Metro area).
August 2, 2013 DONNA J. COOPER
Manager, Public Records Division

Errata
"All reference to Patent No. 8,495,823 to HANS ALMER MIDDELBEEK, ET AL
of BOXMEER, NETHERLANDS for METHOD FOR LYOPHILISING PARTICLES HAVING A
PHARMACEUTICAL COMPOUND CONTAINED THEREIN AND A PHARMACEUTICAL PACK
CONTAINING SUCH PARTICLES appearing in the Official Gazette of July 30,
2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,496,336 to NORIMITSU SUGIYAMA, ET AL of
OSAKA, JAPAN for WIRELESS PROJECTOR APPARATUS AND WIRELESS LAN ADAPTER
appearing in the Official Gazette of July 30, 2013 should be deleted since
no patent was granted."
"All reference to Patent No. 8,496,372 to MARSHALL MEDOFF, ET AL of
BROOKLINE, MA for PROCESSING BIOMASS appearing in the Official Gazette of
July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,496,387 to JEFFREY J. TERLIZZI, ET AL of
SAN FRANCISCO, CA for AUDIO JACKS WITH OPTICAL AND ELECTRICAL PATHS
appearing in the Official Gazette of July 30, 2013 should be deleted since
no patent was granted."
"All reference to Patent No. 8,496,555 to HIROYUKI SHIOIRI, ET AL of
NUMAZU-SHI, JAPAN for DIFFERENTIAL DEVICE appearing in the Official Gazette
of July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,496,639 to SUSANNE BECKERT, ET AL of ULM,
GERMANY for ABSORBENT INCONTINENCE ARTICLE WITH IMPROVED CLOSURE SYSTEM
appearing in the Official Gazette of July 30, 2013 should be deleted since
no patent was granted."
"All reference to Patent No. 8,496,672 to ERIK K. WALBERG, ET AL of
REDWOOD CITY, CA for CLIP APPLIER AND METHODS OF USE appearing in the
Official Gazette of July 30, 2013 should be deleted since no patent was
granted."
"All reference to Patent No. 8,496,755 to JOHN HOLBREY, ET AL of
BELFAST, UNITED KINGDOM for CONVERSION METHOD appearing in the Official
Gazette of July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,497,038 to ATSUSHI SANO of TOKYO, JAPAN
for METHOD OF MANUFACTURING ACTIVE MATERIAL, ACTIVE MATERIAL, ELECTRODE
USING THE SAME, AND LITHIUM-ION SECONDARY BATTERY EQUIPPED THEREWITH
appearing in the Official Gazette of July 30, 2013 should be deleted since
no patent was granted."
"All reference to Patent No. 8,497,099 to PAUL W. BEHRENS, ET AL of
ELLICOTT CITY, MD for PRODUCTION OF HIGH LEVELS OF DHA IN MICROALGAE USING
MODIFIED AMOUNTS OF CHLORIDE AND POTASSIUM appearing in the Official
Gazette of July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,497,100 to PAUL W. BEHRENS, ET AL of
ELLICOTT CITY, MD for PRODUCTION OF HIGH LEVELS OF DHA IN MICROALGAE USING
MODIFIED AMOUNTS OF CHLORIDE AND POTASSIUM appearing in the Official
Gazette of July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,497,111 to IAN FOTHERINGHAM, ET AL of
EDINBURGH, UNITED KINGDOM for COMPOSITIONS AND METHODS OF PRODUCING
ENTEROKINASE IN YEAST appearing in the Official Gazette of July 30, 2013
should be deleted since no patent was granted."
"All reference to Patent No. 8,497,239 to PAUL HABERMANN, ET AL of
EPPSTEIN, GERMANY for INSULIN DERIVATIVES HAVING AN EXTREMELY DELAYED
TIME-ACTION PROFILE appearing in the Official Gazette of July 30, 2013
should be deleted since no patent was granted."

August 27, 2013

US PATENT AND TRADEMARK OFFICE

1393 OG 216

"All reference to Patent No. 8,497,253 to OLIVER SOULA, ET AL of
MEYZIEU, FRANCE for ADMINISTRATION FORM OF OSTEOGENIC PROTEIN COMPLEXES
appearing in the Official Gazette of July 30, 2013 should be deleted since
no patent was granted."
"All reference to Patent No. 8,497,363 to MAMORU TSUKADA of
FUJISAWA-SHI, JAPAN for PROBE SET AND METHOD FOR IDENTIFYING HLA ALLELE
appearing in the Official Gazette of July 30, 2013 should be deleted
since no patent was granted."
"All reference to Patent No. 8,497,510 to ATSUSHI UMEZAKI of ATSUGI,
JAPAN for DISPLAY DEVICE INCLUDING CLOCK WIRING AND OXIDE SEMICONDUCTOR
TRANSISTOR appearing in the Official Gazette of July 30, 2013 should be
deleted since no patent was granted."
"All reference to Patent No. 8,497,520 to HWAN LEE JEONG, ET AL of SEOUL
KOREA, REPUBLIC OF for LIGHT EMITTING DEVICE, LIGHT EMITTING DEVICE PACKAGE
COMPRISING THE SAME AND LIGHTING SYSTEM appearing in the Official Gazette
of July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,497,532 to TOMOAKI MORIWAKA of ISEHARA,
JAPAN for SEMICONDUCTOR SUBSTRATE WITH STRIPES OF DIFFERENT CRYSTAL PLANE
DIRECTIONS AND SEMICONDUCTOR DEVICE INCLUDING THE SAME appearing in the
Official Gazette of July 30, 2013 should be deleted since no patent was
granted."
"All reference to Patent No. 8,497,669 to TORU MIYAMAE of KASUGAI, JAPAN
for OUTPUT VOLTAGE CONTROLLER, ELECTRONIC DEVICE, AND OUTPUT VOLTAGE
CONTROL METHOD appearing in the Official Gazette of July 30, 2013 should be
deleted since no patent was granted."
"All reference to Patent No. 8,497,765 to TAKUYA NAGAI of AICHI-KEN,
JAPAN for APPARATUS FOR COMMUNICATING WITH RFID TAG appearing in the
Official Gazette of July 30, 2013 should be deleted since no patent was
granted."
"All reference to Patent No. 8,497,954 to YUJI EGI, ET AL of ATSUGI,
JAPAN for DISPLAY DEVICE HAVING STACK OF POLARIZERS WITH WAVELENGTH
DISTRIBUTION OF EXTINCTION COEFFICIENT appearing in the Official Gazette of
July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,498,285 to BRANISLAV POPOVIC, ET AL of
KISTA, SWEDEN for METHOD AND SYSTEM FOR SYNCHRONIZATION IN COMMUNICATION
SYSTEM appearing in the Official Gazette of July 30, 2013 should be deleted
since no patent was granted."
"All reference to Patent No. 8,498,420 to DIVYA NAIDU KOLAR SUNDER,
ET AL of HILLSBORO, OR for SYMMETRIC KEY DISTRIBUTION FRAMEWORK FOR THE
INTERNET appearing in the Official Gazette of July 30, 2013 should be
deleted since no patent was granted."
"All reference to Patent No. 8,498,442 to SHUJI SAIKI, ET AL of NARA,
JAPAN for LOUDSPEAKER, VIDEO DEVICE, AND PORTABLE INFORMATION PROCESSING
APPARATUS appearing in the Official Gazette of July 30, 2013 should be
deleted since no patent was granted."
"All reference to Patent No. 8,498,611 to DEVESH AGARWAL, ET AL of
RALEIGH, NC for METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS FOR
PERFORMING PREPAID ACCOUNT BALANCE SCREENING appearing in the Official
Gazette of July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,498,642 to JARI VIKBERG, ET AL of JARNA,
SWEDEN for NETWORK GATEWAY CONFIGURED TO PROVIDE A HANDOVER, CONVERTING AND
ROUTING FUNCTION appearing in the Official Gazette of July 30, 2013 should
be deleted since no patent was granted."

August 27, 2013

US PATENT AND TRADEMARK OFFICE

1393 OG 217

"All reference to Patent No. 8,498,838 to ANGELO GREGORY PAPADOURAKIS of
LIBERTYVILLE, IL for MOTION CAPTURE AND ANALYSIS appearing in the Official
Gazette of July 30, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,499,225 to MICHAEL GOESSEL, ET AL of
MAHLOW, GERMANY for APPARATUS AND METHOD FOR DETERMINATION OF A POSITION OF
A 1 BIT ERROR IN A CODED BIT SEQUENCE, APPARATUS AND METHOD FOR CORRECTION
OF A 1-BIT ERROR IN A CODED BIT SEQUENCE AND DECODER AND METHOD FOR
DECODING AN INCORRECT, CODED BIT SEQUENCE appearing in the Official Gazette
of July 30, 2013 should be deleted since no patent was granted."

Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARDJuly 22, 2013 – July 26, 2013

Date Issued

Type of Case(1)

Proceeding or Appn. Number

Party or Parties

TTAB Panel (2)

Issue(s)

TTAB Decision

Opposer’s or Petitioner’s mark and goods or services

Applicant’s or Respondent’s mark and goods or services

Mark and goods or services cited by Examining Attorney

Issued as Precedent of TTAB

7-22

EX

85292885

Stryker Corporation

BucherBergsmanGorowitz*

2(e)(1)

Refusal Affirmed

SUITESTATUS [computer software for determining and transmitting information regarding the state or condition of an operating room; computer programs for tracking, logging, and displaying a video stream of one or more operating rooms, for purposes of monitoring the state or condition of one or more operating rooms]

No

7-23

CANC

92052158

Adams & Brooks, Inc.v.Morris National, Inc.

GrendelZervasShaw*

2(d)

Petition to Cancel Granted

P-NUTTLES (with and without design) [nut candies]

NUTFFLES [chocolate and candy]

No

7-23

EX

85214746

BabyCakes NYC, Inc.

Bucher*LykosMasiello

2(d)

Refusal Affirmed

BABYCAKES NYC (and design) [retail bakery shops]

BABYCAKES (stylized) [doughnuts and bakery goods]

No

7-23

OPP

91187103

The Board of Trustees of The University of Alabama and Paul W. Bryant, Jr.v.William Pitts, Jr. and Christopher Blackburn

Refusal Reversed as to services in Classes 35 and 40; Refusal Affirmed as to goods in Class 11 and services in Class 37

TRASH GUARD [various goods in Class 11, including sustainable onsite water recycling and wastewater treatment systems, and filtration apparatus for waste water and industrial water] [various services related to waste water treatment, including removal of trash and floatables; and custom manufacture of waste water trash and floatables control units]

TRASH GUARD [non-metal storm water screens]

No

7-25

EX

79109383

OSRAM GmbH

BucherGorowitzMasiello*

2(e)(1)

Refusal Affirmed

BOXLED [electric lamps and luminaires; LED modules, power supplies and wiring]

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office

MAILING AND HAND CARRY ADDRESSES FOR
MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS
For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Mail to be Directed to the
Director of the Patent And Trademark Office" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.
Most correspondence may be submitted electronically. See the USPTO's
Electronic Filing System (EFS-Web) internet page
http://www.uspto.gov/patents/process/file/efs/index.jsp for additional
information.
Please address mail to be delivered by the United States Postal Service
(USPS) as follows:
Mail Stop _____
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.
NEW: Effective September 16, 2012, the Mail Stop description for Mail
Stop Ex Parte Reexam is being revised and a new Mail Stop for supplemental
examination requests is being added as Mail Stop Supplemental Examination.
Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address patent-related correspondence to be
delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL,
Laser, Action, Purolator, etc.) as follows:
United States Patent and Trademark Office
Customer Service Window, Mail Stop _____
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Mail Stop
Designations Explanation
Mail Stop 12 Contributions to the Examiner Education Program.
Mail Stop 313(c) Petitions under 37 CFR 1.313(c) to withdraw a
patent application from issue after payment of
the issue fee and any papers associated with the
petition, including papers necessary for a
continuing application or a request for
continued examination (RCE).
Mail Stop AF Amendments and other responses after final
rejection (e.g., a notice of appeal (and any
request for pre-appeal brief conference)),
other than an appeal brief.
Mail Stop Amendment Information disclosure statements, drawings, and
replies to Office actions in patent applications
with or without an amendment to the application or
a terminal disclaimer. (Use Mail Stop AF for
replies after final rejection.)
Mail Stop Appeal For appeal briefs or other briefs under
Brief-Patents part 41 of title 37 of the Code of Federal
Regulations (e.g., former 37 CFR 1.192).
Mail Stop Public comments regarding patent-related
Comments-Patent regulations and procedures.
Mail Stop Conversion Requests under 37 CFR 1.53(c)(2) to convert a
nonprovisional application to a provisional
application and requests under 37 CFR 1.53(c)(3)
to convert a provisional application to a
nonprovisional application.
Mail Stop EBC Mail for the Electronic Business Center including:
Certificate Action Forms, Request for Customer
Number, and Requests for Customer Number Data
Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
respectively) and Customer Number Upload
Spreadsheets and Cover Letters.
Mail Stop Expedited Only to be used for the initial filing of
Design design applications accompanied by a
request for expedited examination under
37 CFR 1.155.
Mail Stop Express Requests for abandonment of a patent
Abandonment application pursuant to 37 CFR 1.138,
including any petitions under 37 CFR
1.138(c) to expressly abandon an
application to avoid publication of the
application.
Mail Stop Applications under 35 U.S.C. 156 for patent term
Hatch-Waxman PTE extension based on regulatory review of a product
subject to pre-market review by a regulating
agency. This mail stop is also to be used for
additional correspondence regarding the
application for patent term extension under
35 U.S.C. 156. It is preferred that such initial
requests be hand-carried to:
Office of Patent Legal Administration
Room MDW 7D55
600 Dulany Street (Madison Building)
Alexandria, VA 22314
Mail Stop ILS Correspondence relating to international patent
classification, exchanges and standards.
Mail Stop Issue Fee All communications following the receipt of a
PTOL-85, "Notice of Allowance and Fee(s)
Due," and prior to the issuance of a patent
should be addressed to Mail Stop Issue Fee,
unless advised to the contrary.
Assignments are the exception. Assignments
(with cover sheets) should be faxed to
571-273-0140, electronically submitted
(http://epas.uspto.gov), or submitted in a
separate envelope and sent to Mail Stop
Assignment Recordation Services,
Director - U.S. Patent and Trademark Office
as shown below.
Mail Stop L&R All documents pertaining to applications subject
to secrecy order pursuant to 35 U.S.C. 181, or
national-security classified and required to be
processed accordingly. Such papers, petitions for
foreign filing license pursuant to 37 CFR 5.12(b)
for which expedited handling is requested, and
petitions for retroactive license under 37 CFR
5.25 may also be hand carried to Licensing and
Review:
Technology Center 3600, Office of the Director
Room 4B41
501 Dulany Street (Knox Building)
Alexandria, VA 22314
Mail Stop Missing Requests for a corrected filing receipt and
Parts replies to OPAP notices such as the Notice
of Omitted Items, Notice to File Corrected
Application Papers, Notice of Incomplete
Application, Notice to Comply with Nucleotide
Sequence Requirements, and Notice to File Missing
Parts of Application, and associated papers and
fees.
Mail Stop MPEP Submissions concerning the Manual of Patent
Examining Procedure.
Mail Stop Patent Ext. Applications for patent term extension or
adjustment under 35 U.S.C. 154 and any
communications relating thereto. This mail stop
is limited to petitions for patent term extension
under 35 U.S.C. 154 for applications filed
between June 8, 1995 and May 29, 2000, and patent
term adjustment (PTA) under 35 U.S.C. 154 for
applications filed on or after May 29, 2000.
For applications for patent term extension under
35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
For applications for patent term extension or
adjustment under 35 U.S.C. 154 that are mailed
together with the payment of the issue fee, use
Mail Stop Issue Fee.
Mail Stop Patent Submission of comments regarding search templates.
Search Template
Comments
Mail Stop PCT Mail related to international applications filed
under the Patent Cooperation Treaty in the
international phase and in the national phase
under 35 U.S.C. 371 prior to mailing of a
Notification of Acceptance of Application Under
35 U.S.C. 371 and 37 CFR 1.495 (Form
PCT/DO/EO/903).
Mail Stop Petition Petitions to be decided by the Office of Petitions,
including petitions to revive and petitions to
accept late payment of issue fees or maintenance
fees.
Mail Stop PGPUB Correspondence regarding publication of patent
applications not otherwise provided, including:
requests for early publication made after filing,
rescission of a non-publication request, corrected
patent application publication, and refund of
publication fee.
Mail Stop Post In patented files: requests for changes of
Issue correspondence address, powers of attorney,
revocations of powers of attorney, withdrawal as
attorney or agent and submissions under 37
CFR 1.501. Designation of, or changes to, a fee
address should be addressed to Mail Stop M
Correspondence. Requests for Certificate of
Correction need no special mail stop, but
should be mailed to the attention of Certificate
of Correction Branch.
Mail Stop RCE Requests for continued examination under
37 CFR 1.114.
Mail Stop Correspondence pertaining to the reconstruction
Reconstruction of lost patent files.
Mail Stop Ex Parte Original requests for Ex Parte Reexamination
Reexam and all subsequent correspondence other
than correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)). Effective
September 16, 2012, this mail stop is also to be
used for any papers to be filed in an ex parte
reexamination proceeding ordered as a result of
a supplemental examination proceeding.
Mail Stop Inter Original requests for Inter Partes Reexamination
Partes Reexam and all subsequent correspondence other than
correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)).
Mail Stop Reissue All new and continuing reissue application filings.
Mail Stop Sequence Submission of the computer readable form (CRF) for
applications with sequence listings, when the CRF
is not being filed with the patent application.
Mail Stop Supplemental (Effective September 16, 2012). Requests for
Examination Supplemental Examination, including original
request papers and any other correspondence, other
than correspondence to the Office of the
Solicitor (see 37 CFR Secs. 1.1(a)(3) AND 1.302(c)).
This mail stop is limited to original request papers
and any other papers that are to be filed in a
supplemental examination proceeding. For any papers
to be filed in an ex parte reexamination proceeding
ordered as a result of a supplemental examination
proceeding, use "Mail Stop Ex Parte Reexam".
Information for addressing patent-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related correspondence to be delivered by the
United States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as follows:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:
Madrid Processing Unit
600 Dulany Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Deputy Commissioner for Trademark Policy
600 Dulany Street
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:
Director, USPTO
ATTN: FQA
600 Dulany Street, MDE-10A71
Alexandria, VA 22314-5793
Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Native American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Dulany Street
MDE-10A71
Alexandria, VA 22314-5793
Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.
Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) to the Trademark Operation,
the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit,
must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
Please address correspondence to be directed to a mail stop identified
below to be delivered by the United States Postal Service (USPS) as follows
(unless otherwise instructed):
Mail Stop _____
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
Mail Stop
Designations Explanation
Mail Stop 3 Mail for the Office of Personnel from NFC.
Mail Stop 6 Mail for the Office of Procurement.
Mail Stop 8 All papers for the Office of the Solicitor except
communications relating to pending litigation and
disciplinary proceedings; papers relating to pending
litigation in court cases shall be mailed only to
Office of the Solicitor, P.O. Box 15667, Arlington,
VA 22215 and papers related to pending disciplinary
proceedings before the Administrative Law Judge or
the Director shall be mailed only to the Office of
the Solicitor, P.O. Box 16116, Arlington, VA 22215.
Mail Stop 11 Mail for the Electronic Ordering Service (EOS).
Mail Stop 13 Mail for the Employee and Labor Relations Division.
Mail Stop 16 Mail related to refund requests, other than
requests for refund of a patent application
publication fee. Such requests should be directed
to Mail Stop PGPub.
Mail Stop 17 Invoices directed to the Office of Finance.
Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
Mail Stop 171 Vacancy Announcement Applications.
Mail Stop Assignment All assignment documents, security interests,
Recordation Services and other documents to be recorded in the
Assignment records. Note that documents with
cover sheets that are faxed to 571-273-0140 or
submitted electronically (http://epas.uspto.gov)
are processed much more quickly than those
submitted by mail.
Mail Stop Document All requests for certified or uncertified
Services copies of patent or trademark documents.
Mail Stop EEO Mail for the Office of Civil Rights.
Mail Stop External Mail for the Office of External Affairs.
Affairs
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
maintenance fees, except payments of
maintenance fees in patents. See below for
the address for maintenance fee payments.
Mail Stop OED Mail for the Office of Enrollment and Discipline.
Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents should be mailed through the
United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979070
St. Louis, MO 63197-9000
Alternatively, payment of maintenance fees in patents (Attn: Maintenance
Fee) using hand-delivery and delivery by private courier may be made to:
Director of the U.S. Patent and Trademark Office
Attn: Maintenance Fee
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Deposit Account Replenishments
To send payment to replenish deposit accounts, send the payments through
the United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979065
St. Louis, MO 63197-9000
Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.)
may be delivered to:
Director of the U.S. Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, VA 22314
Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp